Senate Bill sb1978c1

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    Florida Senate - 2007                           CS for SB 1978

    By the Committee on Criminal Justice





    591-2133-07

  1                      A bill to be entitled

  2         An act relating to the use of a minor to

  3         facilitate the commission of a crime; creating

  4         s. 775.0851, F.S.; requiring that a forcible

  5         felony be reclassified to the next higher

  6         degree if, during the commission or attempted

  7         commission of the offense, the offender was 18

  8         years of age or older and willfully used,

  9         conspired with, or otherwise involved a person

10         13 years of age or older but younger than 18

11         years of age in committing the offense or in

12         avoiding detection or apprehension for the

13         offense; providing for ranking an enhanced

14         offense under the sentencing guidelines;

15         authorizing the court to sentence the offender

16         to a term of imprisonment which is longer than

17         otherwise required; providing an effective

18         date.

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20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Section 775.0851, Florida Statutes, is

23  created to read:

24         775.0851  Use of a minor to facilitate commission of a

25  crime.--

26         (1)  The felony degree of any forcible felony as

27  defined in s. 776.08 shall be reclassified to the next higher

28  degree as provided in this section if, during the commission

29  or attempted commission of the offense, the offender was 18

30  years of age or older and if the offender willfully:

31  

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    Florida Senate - 2007                           CS for SB 1978
    591-2133-07




 1         (a)  Used or hired a person 13 years of age or older

 2  but younger than 18 years of age as an agent or employee of

 3  the offender or others to facilitate the commission or

 4  attempted commission of the offense;

 5         (b)  Conspired with a person 13 years of age or older

 6  but younger than 18 years of age to commit the offense;

 7         (c)  Solicited or otherwise caused a person 13 years of

 8  age or older but younger than 18 years of age to commit or

 9  attempt to commit the offense;

10         (d)  Used a person 13 years of age or older but younger

11  than 18 years of age to aid or abet in the commission or

12  attempt to commit the offense; or

13         (e)  Used a person 13 years of age or older but younger

14  than 18 years of age to assist or attempt to assist in

15  avoiding detection or apprehension for the offense.

16         (2)(a)  In the case of a felony of the third degree,

17  the offense shall be reclassified to a felony of the second

18  degree.

19         (b)  In the case of a felony of the second degree, the

20  offense shall be reclassified to a felony of the first degree.

21         (c)  In the case of a felony of the first degree, the

22  offense shall be reclassified to a life felony.

23  

24  For purposes of sentencing under chapter 921, a felony offense

25  that is reclassified under this subsection shall be ranked one

26  level above the ranking under s. 921.0022 or s. 921.0023 of

27  the offense committed.

28         (3)  Notwithstanding any other provision of law, the

29  court may sentence the offender as follows:

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    Florida Senate - 2007                           CS for SB 1978
    591-2133-07




 1         (a)  In the case of an offense reclassified under this

 2  section to a life felony or a felony of the first degree, for

 3  life.

 4         (b)  In the case of an offense reclassified under this

 5  section to a felony of the second degree, for a term of years

 6  not exceeding 30.

 7         Section 2.  This act shall take effect July 1, 2007.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1978

11                                 

12  -    Requires a "willful" act.

13  -    Limits the felony and penalty provisions of the bill to
         forcible felonies.
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